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Louisiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Louisiana on
Q: If equity from a sale is already deposited, can one party demand the other’s share?

Two unmarried parties buy a house together and split up. Both names are on the deed and all paperwork signed. They split up, but do not refinance to get one name removed. Three years later, the party living in the house starts the sale, completes it, and both sign off on papers saying that they... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 20, 2024

Y'all are co-owners of the property and if one of the co-owners paid monies for the benefit of the property such that the other co-owner owes 1/2 reimbursement then one can seek reimbursement for that amount. As for your question of whether or not one owner may demand the equity share because... View More

2 Answers | Asked in Tax Law and Real Estate Law for Louisiana on
Q: After purchasing a property at tax sale with no clear owner, would they be able to redeem it within three years?

It is an empty lot of land, 0.5 acres, entirely wooded and overgrown with no servitudes, buildings, or other property besides the land itself. Any attempt to check who the original owner might be comes up short, since it is in the name of an estate rather than a person. The last record for the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Aug 8, 2024

The adjudiciated property process is similar not not completelyt identical throughout the state---I would recommend that you contact a property lawyer in your area-----or contact the parish attorney's office in the parish you purchased the adjudicated property----ask to sit down and discuss... View More

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1 Answer | Asked in Consumer Law and Real Estate Law for Louisiana on
Q: Can HOA change resolutions without notifying neighborhood members?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 8, 2024

My best guess: Resolutions? Probably. Restrictions/covenants? No. The answer is in your HOA's governing documents---please review them or consult with a lawyer for the purpose of have them reviewed to obtain an answer to your question(s). I know you are saying resolutions but resolutions... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 28, 2024

You need to review your lease, if you have one, to determine whether or not you can proceed in the manner you deisre. Normally, unless you have the landlord's permission to decrease that month's rent due to the payment of the bill, you have to pay your monthly rent or you are in breach... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Louisiana on
Q: Im a tenant in Carencro, LA. If I hold out money from next month's rent for a repair I paid for can he evict me?

I notified him he said he sent a work order for the plumber but the plumber came 3 days later my water bill was 130.00 more than average.

James L. Arrasmith
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answered on Mar 26, 2024

If you decide to withhold part of next month's rent in Carencro, LA to cover repair costs you've already paid, you should be aware that this action can be risky. Landlords typically expect full rent payment on the due date, and withholding any portion without explicit legal approval or... View More

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1 Answer | Asked in Real Estate Law for Louisiana on
Q: How do I donate half of my home that I purchased before I married my wife to her I live in Louisiana I still owe a mortg
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 8, 2024

You can accomplish this via an Act of Donation. If you only do a standard Act of Donation, your wife would not be a party to the mortgage, however your wife would receive whatever it is you are donating (presumably 1/2 interest) subject to the mortgage and/or whatever is in the public record..... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: I ask my uncle to get me a house with my money but I later get to see it that his name is on the property as owner
James L. Arrasmith
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answered on Feb 23, 2024

If you provided the funds for purchasing the house and your uncle agreed to buy it for you, it's understandable that you would expect your name to be on the property as the owner. However, if your uncle's name is the only one listed on the property, it may indicate a discrepancy between... View More

1 Answer | Asked in Real Estate Law and Probate for Louisiana on
Q: If my dad died with no will and left an estate, how does it work?

I have three siblings and a stepmom. My stepmom is currently living there and one of my siblings want the house while me and another sibling don't want our sibling to get the house. We want our stepmom to keep it but pay us our fair share. My sibling who wants the house wants to kick the... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Feb 9, 2024

I am sorry for your loss and your situation. If your father had a will, then his estate would pass via the directives in his will. If he did not have a will, then it would pass via the succession law of Louisiana assuming Louisiana has jurisdiction. Based on your post, your father has a positive... View More

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Probate for Louisiana on
Q: I believe an illegitimate deed was filed after a divorce decree was signed. Can a deed override a divorce decree order?

A divorce decree left property to my sibling and I in the event of my father’s death. He passed recently and I found that his wife who lived in the property with him but never purchased or paid the “now free and clear” mortgage, name is included on the deed along with him. Is this a... View More

James L. Arrasmith
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answered on Jan 1, 2024

In Louisiana, a divorce decree that addresses property distribution typically has legal precedence over later actions, such as the changing of a deed. If the decree explicitly awarded your mother's half of the property to you and your sibling, this should be honored unless legally modified... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: Control of inherited undivided property.

When my parents died, my 2 bros, a sis and I inherited 2 15 acre lots. One bro died in 2015, no will, but a succession was done,shows us 3 sibs as joint owners in undivided prop.These 2 15 acre lots were last surveyed in the 1930’s. I hired someone to survey and divide the property into 3... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 8, 2023

Something is inconsistent here-----You indicate that there was no will and that you have 2 bros, a sis and you howewver a succession was opened and the 3 sibs becanes owners of the 2 lots. Inconsistency notwitstanding, I would contact the attorney who handled the succession and discuss your... View More

1 Answer | Asked in Real Estate Law and Small Claims for Louisiana on
Q: If we do not have 78 members at an HOA meeting can we still vote for a new President? How long is the terms of office?

HOA help

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 18, 2024

More information than what is provided is needed to answer your question. The answer should be contained in the governing documents of your subdivision, most likely the bylaws, however it it possible the answer is in either the restrictions/covenants or the articles of incorporation. You would... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Louisiana on
Q: I was arrested for unauthorized entry into a inhabited dwelling. Renter went to jail asked me to get clothes for him

Baby daddy asked me to gather personal stuff and bring to him the home owner posted an eviction notice for five days on day 2 of the 5 I went and was arrested because I didn't contact the home owner. I had permission by the renter. In the process my vehicle was also towed.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Nov 18, 2024

More information is needed here however I strongly recommend you consult with a lawyer to discuss representing you on the criminal charges---as it sounds like you have defenses to the charges, which is a felony, and as such you should fight, and additionally, whether or not you have a civil action... View More

1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: Do you answer questions about tax sale certificates?

I paid the taxes in 2013. The property has not been redeemed. The attorney I have seems to be doing nothing. The 36 month period to redeem was up in 2016. What recourse do I have?

James L. Arrasmith
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answered on Sep 26, 2024

If you paid the taxes on a property in 2013 and the property hasn't been redeemed by the owner within the 36-month redemption period, you may have legal options available. It sounds like you should be able to move forward with acquiring the property or seeking compensation, but it’s... View More

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Land Use & Zoning for Louisiana on
Q: What steps do we take in getting my father's & aunt's portion of their inheritance?

My father and his 2 siblings (a sister and a brother) have just obtained a judgement of possession on a property that was their parents. My father's brother lives on the property and feels as though he should be allowed to continue living there and not have to buy out my father nor my aunt. My... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Sep 26, 2024

If the co-owners or property cannot get along and/or disagree with the use of the property, then one can go to Court and force a sale of the property ----I would suggest that you contact an attorney in your area to consult as to the process for doing this. Good luck.

1 Answer | Asked in Foreclosure and Real Estate Law for Louisiana on
Q: real estate company I work for won a lawsuit judgement in Dallas. We need to foreclose in New orleans what do we need

The original judgement was won in 2013. We have received a renewal on it Feb 2024. We want to know how to proceed with an Attorney in New Orleans.

Anthony M. Avery
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answered on Aug 30, 2024

Post query in LA, not TX. Hire a LA collection attorney or real estate litigator. The foreign Judgment will need to be localized if it has not already been. Hopefully you have the Judgment filed as a lien. A bond may be required to execute the levy.

2 Answers | Asked in Intellectual Property, Real Estate Law and Criminal Law for Louisiana on
Q: I need a lawyer for property matter its long story can i find a lawyer who can talk to me about this
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 26, 2024

Use the Justia Find a Lawyer at the top and search for a lawyer in the area you are located and the subject matter you need and see if anyone pops up. You may have to expand your search if nothing pops up but at a minmum, please consult with a lawyer to get general advice on your situation and... View More

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2 Answers | Asked in Real Estate Law for Louisiana on
Q: Property taxes not paid on inherited property. As a spouse in Louisiana, if I pay the taxes due, what happens?

Since it is inherited property, by law, I have no claim to property. What would happen if I pay the taxes?

John Michael Frick
John Michael Frick
answered on May 1, 2024

The taxing authorities will not foreclose if the taxes are paid regardless of who pays those taxes.

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1 Answer | Asked in Real Estate Law and Tax Law for Louisiana on
Q: I bought a tax lien from the city of New Orleans in 2013.

I invested some money into cleaning it up and maintaining for a year. I never heard from the owner and let it go as a bad investment. The owner has reached out to me wanting to redeem the lien. In the meantime, someone else bought the lien again. So two of us have a lien on the property. The second... View More

James L. Arrasmith
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answered on Mar 26, 2024

In situations like this, consulting with a real estate attorney who has experience in tax lien cases is advisable. These professionals understand the nuances of property law, tax liens, and redemption rights. They can help you navigate the complexities of your situation, including the implications... View More

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Louisiana on
Q: My metal roof was damaged (color) by a cleaning business. The company has insurance that denied the claim.

Company owner sued his own insurance co and lost in a judgement. Where do I stand now? Do I sue his insurance also? Sue him personally? It’s been about 2.5 years

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2024

A Louisiana attorney could advise best, but your question remains open for three weeks. An attorney could advise more definitively with more information about the basis of the denial. One option might be to review the denial with a local attorney, and also learn of applicable statutes of... View More

1 Answer | Asked in Real Estate Law for Louisiana on
Q: How can I find out if my name was on a house my mom left me and my sister when she died
Anthony M. Avery
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answered on Feb 11, 2024

Hire a LA attorney to search the title in the county where the house is.

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